No. 22-7215

Robert William Wazney v. South Carolina

Lower Court: South Carolina
Docketed: 2023-04-05
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-procedure constitutional-review criminal-procedure direct-review due-process exhaustion-of-remedies jury-instructions post-conviction-relief retroactivity state-court-jurisdiction
Key Terms:
HabeasCorpus
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (from Petition)

Subsequent Petitioner's conviction/ while his case was under direct review, State High-Court held in an unrelated case—Stukes [1]—that the trial courts instructing the jury on State Statute Code § 16-3-657 was unconstitutional, and it's holding is effective in [Petitioner 's] case[ ] on direct review.

Petitioner nor his State-assigned appellate-counsel objected to the new rule of law, however it's application being retroactive.

After four years of unsuccessful exhaustion of State Appellate remedies^ in where town-clerk repeatedly fails to docket Petitioner's Application For Post-Conviction Relief (PCR) and State High-Court exercised discretion not to review the case [2], Petitioner now desires federal review of a constitutional claim seeking immediate Supreme Court review by certiorari:

DID THE RETRIAA COURT HAVE JURISDICTION T0 CONVICT PETITIONER ?

Question Presented (AI Summary)

Did the trial court have jurisdiction to convict the petitioner?

Docket Entries

2023-10-02
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2023-07-12
Motion DISTRIBUTED for Conference of 9/26/2023.
2023-06-19
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2023-05-30
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-05-04
Waiver of right of respondent South Carolina to respond filed.
2023-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2023)

Attorneys

Robert Wazney
Robert William Wazney — Petitioner
South Carolina
Mark Reynolds FarthingS.C. Office of the Attorney General, Respondent